IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100024312 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate or Release or Discharge from Active Duty) to show the Operation Iraqi Freedom (OIF)/Operation Enduring Freedom (OEF) Expeditionary Medal, Global War on Terrorism Service Medal (GWOTSM), Combat Infantryman Badge (CIB) and a unit citation for valor.

2.  He states the decorations are missing as the result of an oversight while processing out of the Army.  

3.  He provides:

* his DD Form 214
* an Associated Press article regarding award of the Valorous Unit Award (VUA) to the 1st Battalion, 75th Ranger Regiment
* a DA Form 4187 (Personnel Action)
* a letter, dated 21 April 2003, from the Commander, 1st Battalion, 75th Ranger Regiment
* memoranda for record authorizing him permanent wear of the 1st Battalion, 75th Ranger Regiment Scroll as his shoulder sleeve insignia-former wartime service

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 20 May 1999.  After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman).  On or about 26 October 1999, he was assigned to 1st Battalion, 75th Ranger Regiment, where he served until his honorable release from active duty on 25 August 2003.

3.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge

4.  His record includes a DA Form 4980-14 (Army Commendation Medal Certificate) showing he was awarded the Army Commendation Medal (ARCOM) for meritorious service during the period 20 May 1999 to 25 October 2003 by Permanent Orders 247-122, issued by the 75th Ranger Regiment on 4 September 2003.  

5.  The memoranda for record he provides show he was assigned to Company B, 1st Battalion, 75th Ranger Regiment.  The memoranda also show he served in support of:

* OEF from 22 September through 5 November 2002
* OIF from 8 March to 29 April 2003

6.  A history of the 1st Battalion, 75th Ranger Regiment, published on the U.S. Army Special Operations Command website shows the entire battalion deployed to Afghanistan in 2002 in support of OEF and participated in combat operations in Iraq in support of OIF.

7.  Department of the Army General Orders Number 15, dated 2009, awarded the VUA to Company B, 1st Battalion, 75th Ranger Regiment, for the period 29 March to 2 April 2003.

8.  The record is void of documentation showing he was awarded the CIB.  

9.  Army Regulation 600-8-22, as amended by Military Personnel Message 
08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.  

10.  In an e-mail to an ABCMR staff member on 18 April 2011, he indicated he would prefer his record to show the Afghanistan Campaign Medal (ACM) and Iraq Campaign Medal (ICM) rather than the Global War on Terrorism Expeditionary Medal (GWOTEM).  

11.  Army Regulation 600-8-22 (Military Awards) states the Global War on Terrorism Expeditionary Medal (GWOTEM) is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism operations on or after 11 September 2001 to a date to be determined.  

	a.  The general area of eligibility (AOE) encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States in operations approved by the Secretary of Defense, including OEF and OIF.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the GWOTEM.  

	b.  Service members qualified for the GWOTEM by reason of service between 19 March 2003 and 28 February 2005, in an area for which the ICM was subsequently authorized, or by reason of service between 24 October 2001 and 28 February 2005, in an area for which the ACM was subsequently authorized, will remain qualified for the GWOTEM.  Upon application, any such service member may be awarded the ICM and/or ACM in lieu of the GWOTEM for such service.  No service member will be entitled to both the GWOTEM and the ACM or ICM for the same act, achievement, or period of service.

12.  Army Regulation 600-8-22 states the ACM is awarded to members who have served in direct support of OEF.  The area of eligibility encompasses all the land area of the country of Afghanistan and all air spaces above the land.  The ACM period of eligibility is on or after 24 October 2001 to a future date to be determined by the Secretary of Defense or the cessation of OEF.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated Afghanistan campaigns are:

* Liberation of Afghanistan (11 September 2001-30 November 2001)
* Consolidation I (1 December 2001-30 September 2006)
* Consolidation II (1 October 2006-date to be determined

13.  Army Regulation 600-8-22 states the ICM is awarded to members who have served in direct support of OIF.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The ICM period of eligibility is on or after 19 March 2003 to a future date to be determined by the Secretary of Defense or the cessation of OIF.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive days or for 60 non-consecutive days or meet one of the following criteria: (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility while participating in an operation or on official duties, (2) is wounded or injured and requires medical evacuation from the area of eligibility, or (3) while participating as a regularly assigned air crewmember flying sorties into, out of, within or over the area of eligibility in direct support of the military operations.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)
* Iraqi Governance (29 June 2004-15 December 2005)
* National Resolution (16 December 2005-9 January 2007)
* Iraqi Surge (10 January 2007-31 December 2008)
* Iraqi Sovereignty (1 January 2009-date to be determined)

14.  Army Regulation 600-8-22 states the GWOTSM is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility designated for award of the GWOTEM, ACM, or ICM.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM.  The GWOTSM may be awarded posthumously.  Only one award of the GWOTSM may be authorized to any individual; second and subsequent awards will not be awarded.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was an infantryman assigned to a ranger unit.  Unfortunately, the available documentation does not show he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  In the absence of such documentation or orders awarding him the CIB, there is no basis for correcting his DD Form 214 to show the CIB. 

2.  Permanent orders awarded him the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  He served in support of OEF from 22 September through 5 November 2002 and his entire battalion deployed to Afghanistan.  This period of service coincides with one designated Afghanistan campaign.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded the ACM with one bronze service star.

4.  He served in support of OIF from 8 March to 29 April 2003 and his battalion participated in operations in Iraq.  This period of service coincides with one designated Iraq campaign.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded the ICM with one bronze service star.

5.  His unit was awarded the VUA for period of service during which he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show the VUA.

6.  His service meets the criteria for the GWOTSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following to item 13 of his DD Form 214:

* ARCOM
* ACM with one bronze service star
* ICM with one bronze service star
* GWOTSM
* VUA

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the CIB.  




      ____________X____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100024312





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ABCMR Record of Proceedings (cont)                                         AR20100024312



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